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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX in                                          761

THE POWERS  OF POLICE  TO  INVESTIGATE

Sec. 154. Information in cognizable cases.—Every information relating to the com-
mission of a cognizable offence, if given orally to an officer in charge of a police-station,
shall be reduced to writing by him or under his direction, and be read over to the in-
formant ; and every such information, whether given, in writing or reduced to writing
as aforesaid shall be signed by the person giving it and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State Government may
prescribe in this behalf.

Sec. 155. Information in non- cognizable cases.2—(1) "When information is given
to an officer in charge of a police-station of the commission, within the limits of such
station, of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the
substance of such information and refer the informant to the Magistrate.

(2) No police-officer shall investigate a non-cognizable case without the order of a
Magistrate of the first or second class having power to try such case or commit the same
for trial or of a Presidency Magistrate.

(3 Any police-officer receiving such order may exercise the same powers in re-
spect of the investigation (except the power to arrest without warrant) as, an officer in
charge of a police-station may exercise in a cognizable case.

Sec. 156. Investigation, into cognizable cases.—(1) Any officer in charge of a police-
station may, without the order of a Magistrate, investigate any cognizable case which a
Court having jurisdiction over the local area within the limits of such station would
have power to inquire into or try under the provisions of Chapter XV relating to the
place of inquiry or trial.

(2)  No proceeding of a police-officer in any such case shall at any stage be called
in question on the ground that the case was one which such officer was not empowered
under this section to investigate.

(3)  Any Magistrate empowered under section 190 may order such an investigation
as above-mentioned.

Sec. 157. Procedure where cognizable offence suspected.—(1) If, from information
received or otherwise, an officer in charge of a police-station has reason to suspect the
commission of an offence which he is empowered under section 156 to investigate, he
shall forthwith send a report of the same to a Magistrate empowered to take cognizance
of such offence upon a police-report, and shall proceed in person, or shall depute one
of his subordinate officers not being below such rank as the State Government may by
general or special order prescribe in this behalf to proceed, to the spot to investigate
the facts and circumstances of the case, and, if necessary, to take measures for the dis-
covery and arrest of the offender:

Provided as follows : —

(a)  when any information as to the commission of any such offence is given
against any person by name and the case is not of a serious nature, the
officer in charge of a police-station need not proceed in person or depute a
subordinate officer to make an investigation on the spot;

(b)  if it appears to the officer in charge- of a police-station that there is no
sufficient ground for entering on an investigation, he shall not investigate
the  case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-
section (1), the officer in charge of the police-station shall state in his said report his
reasons for not fully complying with the requirements oŁ that sub-section, and, in the
case mentioned in clause (b), such officer shall also forthwith notify to the informant,
if any, in such manner as may be prescribed by the State Government, the fact that he
will not investigate the case or cause it to be investigated.

Sec. 160. Police-officers' power to requite attendance of witnesses.—Any police-
officer making an investigation under this Chapter may, by order in writing, require
the attendance before himself of any person being within the limits of his own or any
adjoining station, who, from the information given or otherwise, appears to be acquainted
with the circumstances of the case, and such person shall attend as so required.

Sec. 161. Examination of witnesses by Police.—(1) Any police-officer making an
investigation under this Chapter (power to investigate) or any police-officer not below-
such rank as the State Government may, by general or special order, prescribe in this
behalf, acting on the requisition of such officer, may examine orally any person, sup-
posed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to such case put
to Kim by such officer, other than questions the answers to which would have a tendency
to expose him to a criminal charge or to a penalty or forfeiture.

2.   This section, so far as it applies to the police in the town of Bombay, is repealed
by s. 211 and Schedule A to the City of Bombay Police Act, 1902 (Bombay Act JV of 1902).